Osteoarthritis (degenerative arthritis) decisions — 2021

The Board denied a TDIU prior to January 22, 2010, as the Veteran was gainfully employed during this period and his service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Board has determined that the Veteran's current left ankle disability, including osteoarthritis and lateral collateral ligament sprain, is at least as likely as not related to an in-service injury in April 1988. As such, service connection for this condition is granted.

The Board has granted the Veteran's request to reopen his claims for service connection for right knee, left ankle, and right ankle disabilities. The new evidence submitted since the May 2001 denial confirms that the Veteran currently suffers from these conditions.,The Board also remanded the issues of service connection for right knee, left ankle, and right ankle disabilities due to insufficient medical opinion in the July 2014 VA examination.

The Veteran's thoracolumbar arthritis is granted an initial increased rating of 20 percent, but no higher. The Veteran's cervical strain with degenerative arthritis prior to September 25, 2020 and from September 25, 2020 are both granted increased ratings of 10 percent and 30 percent respectively. There is no increase in rating for right sciatic radicular pain.

The Board has decided that a new medical opinion is needed to determine if the Veteran's current low back disability, other than degenerative disc disease, is related to his in-service injury. The appeal is being remanded for this purpose.

The Veteran's depressive disorder is found to be secondary to his service-connected degenerative arthritis of the lumbar spine. His left shoulder condition and bilateral foot disability are denied as not related to service or service-connected conditions.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities did not meet the schedular criteria and there was insufficient evidence to find that he was unable to secure or follow a substantially gainful occupation due to these conditions.

The Board has found that there is not substantial compliance with the prior remand instructions and has therefore ordered additional development for service connection claims related to bilateral hip disability and low back disability.

The Veteran's claim of service connection for a neck condition is being remanded due to the need for an addendum medical opinion addressing whether his current neck conditions are caused by or aggravated by his service-connected shoulder disabilities.

The Board has remanded the Veteran's claim for service connection of a right shoulder condition due to lack of medical records and an addendum opinion is needed.

The Board has determined that the Veteran's claims for service connection and initial ratings for various disabilities require additional development due to incomplete medical records and need for further examination.

The Veteran's right knee disability was rated at 20 percent prior to February 6, 2018 for degenerative arthritis and instability. From February 6, 2018 through March 31, 2019, a rating of 100 percent was granted for the residuals of total right knee replacement.

The Veteran's appeal for increased ratings and TDIU has been dismissed as he withdrew his appeals in February 2021.

The Board has remanded the case due to inadequate development of evidence, particularly regarding U.S. Army Reserve records and a VA examination predicated upon those records.

The Veteran's claims for increased ratings for degenerative arthritis of the lumbar spine, limitation of extension of left thigh, and left hip bursitis have been denied. The evidence does not meet the criteria for a higher rating under applicable VA regulations.

The Veteran's claim for a higher disability rating for his right thumb arthritis was denied as the evidence did not meet the criteria for a higher rating.

The Veteran's service-connected disabilities, including adjustment disorder with mixed anxiety and depressed mood, acne with residual scarring, sleep apnea, tension headaches, left shoulder rotator cuff tendonitis, left knee degenerative joint disease, right shoulder tendinitis, lumbosacral spine degenerative arthritis, chronic right ankle strain, bilateral pes planus, right great toe injury, hypertension, left and right knee instability, and traumatic brain injury, have rendered him unable to maintain substantially gainful employment since June 11, 2012.

The Board has remanded the case for clarification of a pending claim for service connection for a right knee meniscal tear and readjudication of the rating for right knee chondromalacia patella with degenerative arthritis, in conjunction with the pending claim.

The Board has remanded the cases for further development due to unclear severity of the Veteran's conditions prior to his February 2020 VA examination. The issues are inextricably intertwined with the TDIU issue and a retrospective opinion is required.

The Veteran's thoracic spine disability is being remanded for a more thoughtful response to the Board's previous directive, including consideration of changes in severity since November 2010 and any flare-ups.